FRANK OLIVERIO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We reverse an order granting restitution as the record reflects a failure to fully comply with the prior opinion in this case, Oliverio v. State, 583 So. 2d 412 (Fla. 4th DCA 1991).
There, we reversed the restitution order as imposed without determining the factors in subsections 775.089(6) and (7), Florida Statutes. On remand, the issue of the defendant’s resources was not addressed. See Mounds v. State, 526 So. 2d 1084 (Fla. 4th DCA 1988). We have considered Cheatham v. State, 593 So. 2d 270 (Fla. 4th DCA 1992) but deem it inapposite, Additionally, on remand, notice of hearing is to be furnished to the defendant directly. Although the defendant need not necessarily be transported back to court from out of state incarceration, he must at least be afforded the opportunity to be heard through other means.
HERSEY, DELL and STONE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Barclay v. State, 651 So. 2d 218 (Fla. 3d DCA 1995)…rtunity to be heard, either in person, through counsel, or by such other means as the trial court may direct, regarding his present and future ability to pay restitution.2 See § 775.089(6) & (7), Fla. Stat. (1993). See and compare Oliverio v. State, 600 So. 2d 534 (Fla. 4th DCA 1992). Reversed and remanded with directions. . Should the trial court determine that restitution is required under § 775.089(l)(a) & (b), Florida Statutes, (1993). . We note that the transcript demonstrates that of the thirty five…
Authorities Cited
- Cheatham v. State, 593 So. 2d 270 (Fla. 4th DCA 1992)
- Oliverio v. State, 583 So. 2d 412 (Fla. 4th DCA 1991)
- Am. Sav. & Loan Ass'n v. Levy, 526 So. 2d 1084 (Fla. 4th DCA 1988)
- Odzer v. Wilson, 526 So. 2d 1084 (Fla. 4th DCA 1988)